Worm War I

Sued by Scotts, worm poop start-up makes a stink on the Web.

Pooh Corner: TerraCycle headquarters, at the intersection of Hillside & New York avenues in Trenton, New Jersey.

TerraCycle Inc. is a small company in a decidedly unglamorous business; it sells all-natural plant fertilizers derived from worm excrement. But there is big money in bottled worm poop, which explains why the three-year-old Trenton, New Jersey-based start-up has attracted the attention of Scotts Miracle-Gro, a multi-billion dollar company that is the acknowledged leader in plant food. In March, Scotts sued TerraCycle in federal court, claiming trade dress infringement, false advertising, and believe it or not, “unjust enrichment.” With its survival suddenly at stake, TerraCycle took its story to the Web, launching suedbyscotts.com in a bid to garner public support and attract media attention.

At suedbyscotts.com, TerraCycle presents the conflict as a classic David vs. Goliath-type confrontation, complete with a stark side-by-side comparison of the two companies. Among other things, the site highlights annual sales ($1.5 million for TerraCycle v. $2.7 billion for Scotts), annual profits (none v. $132.7 million) and major perks for the respective CEO’s (“unlimited free worm poop” v. personal use of company-owned aircraft).

According to TerraCycle CEO Tom Szaky the goal of suedbyscotts.com is simply to create awareness. “We haven’t posted anything that is not public [information] and not factual,” he says, although Szaky readily concedes “we did lay out some of the information in a cheeky way.”

The CEO comparison is illustrative: Szaky is described as a “25-year-old Hungarian-born refugee college drop-out” and pictured sporting casual clothes and a spiky haircut. Meanwhile, Scotts’ bald, fifty-something chief executive is pictured in coat and tie and described as a “former jet pilot, son of multi-millionaire Miracle-Gro founder.”

While the content on suedbyscotts.com might leave TerraCycle vulnerable to additional legal claims, it does appear to be having its desired impact. The site has already received coverage in The Wall Street Journal and BBC News recently paid a visit to company headquarters. More importantly, if sentiment in the blogosphere is any indication, consumers appear to be empathizing with TerraCycle. Some gardening blogs have gone so far as to advocate a boycott of Scotts products.

Certainly, Scotts has put its proverbial green thumb on one of the most socially and ecologically endearing targets imaginable. Not only does TerraCycle make its products out of waste, it sells them in used plastic soda bottles (collected by 3,300 different school and church groups around the country via its Bottle Brigade program, which pays five cents for every bottle).